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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Amarjeet Singh – Appellant
Versus
State Of J&K – Respondent
| Table of Content |
|---|
| 1. petition challenges sro benefits and salary denial. (Para 1 , 2) |
| 2. petitioners claim govt rules apply via non-absorption. (Para 4 , 5 , 6) |
| 3. optants became corporation employees, sros not adopted. (Para 7 , 8) |
| 4. go 1979 limits govt benefits to pensionary. (Para 9 , 10 , 11) |
| 5. precedents bar sros for corporation employees. (Para 12 , 13 , 14) |
| 6. da case distinct; petition dismissed. (Para 15 , 16) |
JUDGMENT :
SANJAY DHAR, J.
1) The petitioners, through the medium of present petition, have challenged order bearing No.JKSRTC/EC- III/1436 dated 06.11.2012 issued by the J&K State Road Transport Corporation (for short “the Corporation”), whereby claim of the petitioners regarding extension of benefits available in terms of SRO 14 of 1996 and SRO 225 of 1997, has been rejected. The petitioners have further sought a direction upon the respondents to release the earned salary in their favour from March, 2002 and to extend the benefit of SRO 14 of 1996 and SRO 225 of 1997 in their favour.
2) It seems that the petitioners had filed a writ petition bearing SWP No.1453/2002 against the respondents seeking the same relief which has been sought in the present writ petition. The said
Employees of government transport undertaking opting for corporation service while retaining pensionary benefits are deemed corporation employees and governed by corporation rules for pay, allowances....
The main legal point established in the judgment is that the appellants were entitled to the benefits of the Pension Regulations of 2002, and the denial of rights was not based on their failure to ex....
Pension entitlement derives from clearly established regulations, and claims based on superseded orders are invalid, reinforcing that pension is a right subject to existing service conditions.
(1) Pension is a right and not a bounty – It is a constitutional right for which an employee is entitled on his superannuation – However, pension can be claimed only when it is permissible under rele....
The main legal point established in the judgment is that the Corporation cannot use financial burden as a ground for refusal to grant pensionary benefits, and that the Corporation's failure to implem....
The power to regulate conditions of service under the Act is legislative in nature, allowing unilateral modification without employee consent or fair hearing.
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to the respondent-Corporation and its employees, and the Act's provisions have an overriding effect ....
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